RAM NARAIN Vs. MUHAMMAD AKBAR

JUDGEMENT

(1.) The question which arises in this appeal is whether the mortgage made in favour of the defendant by the predecessor-in-title of the plaintiff in 1894 included certain tanks and a well for the manufacture of indigo. The suit was brought for redemption of the mortgage, and the plaintiff claimed not only the land mortgaged but also the tanks and the well which existed on the land. The mortgagees had no objection to redemption of the land, but they contended that the well and the tanks were not included in the mortgage, that they had been sold previous to the mortgage to the defendants, and that they formed no part of the mortgaged property which could be redeemed.

(2.) The Court of first instance found against the defendants and decreed the whole claim.

(3.) Upon appeal the learned Judge found that the sale-deeds relating to the tanks and the well executed by the mortgagor were genuine sale-deeds, and that the ownership of the mortgagor? had passed to the mortgagees by virtue of those sales. He was further of opinion that the well and the tanks were not included in the mortgage and could not have been included in it by the mortgagor who had already sold them to the mortgagee. He accordingly disallowed that part of the claim which related to the tanks and the well. The tanks we may mention were for the manufacture of indigo and the well has been found to have been used for the same purpose.